Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 31 March 2015), January 1750 (17500117).

Old Bailey Proceedings, 17th January 1750.

THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Goal Delivery FOR THE CITY of LONDON; And also the Goal Delivery for the County of MIDDLESEX,

HELD AT JUSTICE-HALL in the OLD-BAILEY.

On WEDNESDAY the 17th, THURSDAY the 18th, FRIDAY the 19th, and SATURDAY the 20th, of January.

In the 23d Year of His MAJESTY's Reign.

BEING THE Second SESSIONS in the MAYORALTY of the

Rt. Honble Sir Samuel Pennant , Knt. LORD-MAYOR of the CITY of LONDON.

NUMBER II.

LONDON:

Printed, and sold by M. COOPER, at the Globe in Pater-noster-Row. 1749.

[Price Four-pence. ]

N. B. The Public may be assured, that (during the Mayoralty of the Right Honourable Sir SAMUEL PENNANT , Lord-Mayor of this City) the Sessions-Book will be constantly sold for Four-pence, and no more, and that the whole Account of every Sessions shall be carefully compris'd in One such Four-penny Book, without any further Burthen on the Purchasers.

THE PROCEEDINGS ON THE

King's Commissions of the Peace, Oyer and Terminer, and Goal Delivery held for the City of London, &c.

BEFORE the Right Honourable Sir SAMUEL PENNANT , Knt. Lord Mayor of the City of London, the Lord Chief Baron PARKER , the Honourable Sir THOMAS BURNET, Knt. the Honourable Sir MICHAEL FOSTER, Knt. RICHARD ADAMS , Esq ; Recorder, and others of His Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Goal-Delivery of Newgate, holden for the said City and County of Middlesex.

London Jury.

Christopher Coverly ,

Robert Hooper ,

Edward Fellows ,

Timothy Webb ,

Peter Noxon ,

Daniel Hawkins ,

Edward Messenger ,

Thomas Chase ,

James George ,

Joseph Alien ,

Richard Wheeler ,

George Pemberton .

Middlesex Jury.

William Bilson ,

Samuel Warburton ,

Samuel Spencer ,

William Herritage ,

William Bracket ,

Thomas Rawlings ,

John Girdler ,

Samuel Slade ,

Samuel Foyster ,

Francis Broadhead ,

Harwood Lassiter ,

Leonard Lee .

109. John Bowen , was indicted for that he, on the 24th of February , between the hour of twelve and one in the morning, the dwelling house of William Gwinn did break and enter, and stealing out thence, twenty yards of linnen cheque, thirty cotton handkerchiefs, seventy nine yards of stripe cotton, six pair of worsted stockings , the goods of the said William Gwinn .

The Prisoner after his confession, was admitted an evidence against Thomas Mackelly , No. 517 in the last Mayoralty; and as there was nothing against him but his own confession, he was acquitted . He is the same person who gave evidence against Garret Lawler and James Reynolds in the last Sessions.

The Prisoners were stopped in the fields with nine of the bars upon them; they confessed the other nine they had carried and hid in a lane where they were found.

Both Guilty .

[Transportation. See summary.]

112. Thomas Biggs , was indicted for stealing one pair of single channel pumps, val. 15 s the goods of William Gordon .

James Williams deposed he saw the Prisoner take them from where a shoe-blacker used to stand: knowing him not to be the shoe-blacker, he pursued him and took him with the pumps upon him; there was the name William Gordon wrote within the pumps: but William Gordon not appearing, and the property not being fully proved, the Prisoner was Acquitted .

The Prisoner had lived servant with the prosecutor, and had took these things away at divers times, some of them were found upon her, and same pawned, which by her directions were found, she confessed it before Abraham Wills the constable.

116, 117. Ralph Darvel , and John Price , were indicted for stealing two bushels of coals, val. 2 s. the goods of John Clark .

Nov. 14 .

This was for an offence committed in company with Michael Graham , who was tried last sessions, No. 42.

Both guilty 13 d .

[Whipping. See summary.]

118. Jane, the wife of John Holmes , was indicted for stealing one pair of stays, val 5 s. one cotton gown, val. 5 s. two silver tea spoons, val. 1 s. three linnen shirts, val. 3 s. and other things, to the amount of 16 s the goods of John Mitchel .

Jan. 10 .

The Prisoner confessed the taking the things mentioned, before the prosecutor's wife, and George Warding the constable; some were found upon her, others where she said she had pawned them.

Mrs. Martha Rigby deposed, that the things mentioned were her property, which had been brought up by the Stow waggon, and was going to her apartment.

William May . I am a carman. I had this portmanteau, with three other parcels, in my cart, going from the Spread Eagle in Grace-Church-Street, to this lady's house in Cavendish-Square, and in the Strand, I stopped at the One Tun alehouse to give my horses some water: I saw my tail rope cut, and the portmanteau on the prisoner's back; I followed him about thirty yards, and took hold on the flap of his coat ; he flung it off backwards upon me, and knocked me down; he ran away, and John Forster followed him; I staid with the portmanteau, and never saw him till Forster brought him back. We carried him and the portmanteau to justice Frazer's ; and the prosecutrix's servant came there that night, it had a direction on it to the prosecutrix's house.

John Forster . I went along with the cart with William May . We stopped at the One-Tun in the Strand: I was in the house; I put the curtain by, and saw the prisoner with the portmanteau on his back, and called out. I saw him drop it on William May : I was near him; so I pursued him, and never lost sight of him, I was all the way within six yards of him, or thereabouts, till I took him in Round Court; this was about a quarter of an hour before seven at night; it was a dark night.

Q. to May. How could you see the prisoner at this time, it being very dark?

May. There are many lamps about where the cart stood, and I saw him very plain.

The Prisoner came into the prosecutor's shop, under pretence of buying one or more handkerchiefs, and while John Baker , who was servant there, was employed in shewing goods to another customer, he took these handkerchiefs under his coat, and went out of the shop, John Baker saw him, and called after him; he came back, and Baker took them from him.

Joshua Martine , a shoemaker, deposed, he was sitting at work next door to the prosecutor's shop, and saw the Prisoner take the cheese out of the window, went after him and took him, and the cheese upon him, and that the Prisoner desired he would take the cheese and let him go.

Guilty .

[Transportation. See summary.]

123. John Emory , was indicted for stealing eleven crown pieces, twenty four half crowns, one Spanish piece, val. 4 s. 6 d. one silk purse, and 4 s. 6 d. in silver, the goods of Ann Kempster , in the dwelling house of Walter Jones . December 17 .

Acquitted .

He was a second time indicted for stealing one pair of stockings, val. 6 d. the goods of John Hilliard .

Dec. 17 .

The prosecutor took the Prisoner with the stockings upon his legs, and had him before the alderman; the stockings were marked on the heel within, to which the Prosecutor swore, also the Prisoner owned the fact.

Guilty 10 d .

[Whipping. See summary.]

124 Ann Jones , was indicted for stealing three flannel waistcoats, one linnen waistcoat, one green cloth waistcoat, one scarlet cloak, and a towel , the goods of Joseph Townsend .

Jan. 1 .

Matthew Rose deposed, he lives facing the Prosecutor's house, that he saw the Prisoner take away these goods in her apron, he pursued her, she hid herself in a chimney-sweeper's cellar, with the things mentioned, which were produced in Court.

Guilty 10 d .

[Whipping. See summary.]

125. William Haynes , was indicted for stealing 2 locks, val. 5 s. 300 pounds wt. of lead , the goods of William Cooper , and Co.

January 11 .

Richard Dickman , servant to Dr. Manley, who lives next door to the empty house from whence these goods were taken, deposed, that he and others heard a noise in the house, they got two watchmen, with whose assistance they took the prisoner.

Joseph Dillimore , one of the watchmen, deposed, he got over the wall by the assistance of the others, and jumped down into the yard, and seized the Prisoner, at which time the two locks fell from him to the ground, which was proved to be taken off from an inside and an outside door belonging to that house; and that out of the Prisoner's pocket they took some small screws belonging thereto, with the handle to one of the locks, and also that on the dresser below there lay two bags of lead, and a tinderbox and steel on a shelf just over it.

Nathaniel Phillips , the other watchman, deposed the same.

George Hormey deposed, the empty house from whence the Prisoner was taken, belongs to Mr Henley and Mr. Cooper.

The Prisoner in his defence said, a person coming by him had took his hat from his head, and flung it over the wall, and he was got over the wall to get it again.

Guilty .

[Branding. See summary.]

126. John Stevens , was indicted for stealing one silver tankard, val. 7 l. the goods of Isaac Kennish , in the dwelling house of the said Isaac Kennish .

December 11 .

Isaac Kennish . I live at the sign of the Hampshire Hog, in St. Luke's parish ; the prisoner, a woman whose name is Judith Dyke , and Philip Warwick , came into my house on the 11th of Dec. about 9 o'clock at night, they called for a tankard of beer: I having but two silver tankards, and they both in use at that time, I ordered my servant to draw them a full pot of beer. I had a club in the next room; I came out for a pen and ink, I saw all my company was gone into that room, and they had left a silver tankard upon the table, near the Prisoner, who stood with his back towards it, and the rest of his company were sitting by the fire, the windows were shut up, and I went back in the other room; they went away at the door that leads to the street; after this my girl called me, and said the man is gone away with your tankard.

The other witness (Warwick) staid, who told me he could not go away, for that man, meaning the Prisoner, has took away something with him, either pewter or silver, like a tankard; and likewise said, he told Judith Dyke , that he and she should come into trouble about it; adding, she made a pish at it: I sent my young man one way, and I went another, but we could not find the prisoner, or the woman. Warwick still abode in the house, nor did he endeavour to get away; saying, he would stay with all his heart: then I sent for the constable of the night, and Warwick was taken into custody. I had seen the woman before, and a person gave me intelligence where she lived; I went to her house, and there was a man made answer and said, she was not at home; (we could hear her whisper ) I went back again, and we carried Warwick to New-prison; my lodger said when we came back, if I would go down to the woman, she would open the door to me; he was drinking with them that night in my house, but he has hid himself, and I cannot find him; I fear the woman has sent him out of the way; we went again, and he knocked, and she immediately let him in, and the constable took charge of her; the justice thought proper to admit her to bail. I never saw the tankard since. We searched Warwick to see if he had any knife, or such instruments about him, and I am sure he could not have the tankard about him: the justice admitted Warwick to bail, and upon Thursday evening he took the Prisoner, and sent for me, and he was secured; they went away between 8 or 9 o'clock.

Phillip Warwick . On the 11th of Dec. last as I was going along Cheapside. I met the Prisoner, I had not seen him for 4 or 5 Years; he said to me, shall we not drink together ? I said with all my heart. Said I, I'll go to the Hercules and Pillars, in Bow-lane. No, said he, I'll go to a friend at the bottom of Bread-street. We went there, and Mrs. Dyke rapp'd at the sash window, at the Bull's-head: We went in, and drank 7 or 8 Tankards of beer. Said she, I have money to receive of a man who is to meet me at the Hampshire-hog, in Goswell-street. I went with the prisoner and her there, and they staid till about 8 or 9 o'clock; they pretended to play at cards, and after that there came in a man, whom, she said, she was to receive some money of, his name is Hosier, (the person the prosecutor mentioned, who is gone out of the way.) They talked to themselves some time. The company that was at the fire mov'd from it, and we went to it, all but the prisoner at the bar, who kept his place behind the door, on the left hand: This was about an hour before they went away. When the beer came about, he said, he did not care to drink; by and bye I heard liquor spill, I turn'd and saw something like a tankard in his hand, and he cover'd it under the right hand flap of his coat; it was about half cover'd: Presently I heard liquor spill again. I went betwixt the woman, and the man of whom she was to receive money, and whisper'd them, saying, I feared we should come into trouble, for, I thought, he was going to steel away a tankard. She said, pshaw, pshaw. The man made no answer. At going away the woman went first out at the door, and I second, the prisoner after me; he had his left hand under his coat, with something like a pot or a tankard in that hand: I turn'd back at the door, and said, I must speak with this man, meaning Hosier ; but the prisoner laid hold of the skirt of my coat, and said, come along, you have no business with that man I am sure. I told Hosier the prisoner had got a tankard under his coat, or something like it. Said Hosier to the Girl, see if there be any thing missing ? Said I, it will be the best way to go, in the first place, after the man. The Constable was sent for, and I desired he would be so good as to go and take the woman, thinking she would not deny what I whisper'd to her, of my suspicion about the prisoner. The Friday following I took the prisoner in Bedford-court, coming down to Covent-garden: I did not charge him with the thing then, because I had heard of his Character; so I took him to a public house, sent for a constable, charg'd him, and sent for the Prosecutor.

Richard Ansey . I am Constable, I was sent for the night the prosecutor was robb'd. Warwick seemed to be in some great concern, that the other man was not domin d, and said, he believed if the woman was taken, very likely the prisoner and tankard might be met with again; he likewise mentioned his whispering the woman, as mentioned before, and likewise of Stevens's spilling the beer.

Philip Slackman , a watchman, who came with the constable, confirm'd what the constable said.

John Butler . I live with the prosecutor; I was in the room the best part of the time; they had paid 13 d. half-penny, and there was three half-pence to pay; the woman told me Mr. Hosier would do that; then they went into another box, that is, Warwick, Hosier, and the woman; the prisoner stood where he did before, and I saw the tankard close behind him: The prisoner said he would not go away without another pot of beer, and bid me draw it; Mr. Warwick was then for going without any more; I drew a pot of beer, and carry'd it to the prisoner: He said, young man I am drunk, I can't drink any more; he sat down, saying, I must give it to the company, adding he was sick. I sat down with my back to the prisoner, and heard something spill; I thought somebody had been spewing, or there was water running; the others sat by the fire at this time. I did not see the tankard then, nor have I seen it since I saw it standing behind his back. When I heard it I look'd round, and look'd hard at the prisoner, and he look'd hard at me; then Mr. Warwick call'd for another pot of beer, and I heard beer spill again: then there were 7 d. half penny to pay, the prisoner desired the woman to pay for him, and he would pay her again. I saw Mr. Warwick whisper the woman, and she gave her head a shake, and look'd back; but what she said I cannot tell: And likewise heard Warwick tell Hosier as before mentioned, when the Prisoner was gone out.

Q. Was there any beer in the tankard when it stood behind the prisoner?

John Riggs . The Goods landed at Shadwell, I believe, are mine, the mate of the Ship will give the Court an Account of them.

James Eley . I am a Watchman; I was going my bear, crying the Hour of Eleven o'Clock at night, the 5th of January; my Brother Watchman desired me to step that way, which I did; he gave me charge of Taylor; a little time after this came William Joyner , and said to Taylor, how many have you carried; Taylor said, d - n you, I am taken into custody; Joyner said, for what ? for looking for the bitch my wife, said he; Joyner asked which wife; he said Jenny Joyner said these deals were his, he had taken them up a-drift, and might have had as many more at Ratcliff, saying, he had sunk one boat in bringing them.

Richard Herbert . The 5th of January, after 10 o'Clock, as I was going my Round, I saw some deals lying in George Alley; at the Hour of 11 I came again, there were 12 deals about 10 feet long, then I called to my brother watchman and desired he'd make haste round; then Mr. Lunn came out of his house, to whom I said all these were brought on shore since 10 o'Clock; he desired me to go to Mr. Ludwell ; when he and I came there, the two Prisoners were there; Mr. Lunn asked them whose Property they were, they said they took them up a drift, and that they had sunk a boat near Ratcliff, or they might have taken up many more.

Q. Were any of them wet?

Herbert. There were but two that was so.

Mr. Lunn deposed as the last witness.

John Luddwell the same, with this Addition, that the Prisoners said, they took them up near King and Queen stairs, which it was impossible to do at that time, the tide running to carry them the other way; the deals lay in a barge at Rotherhive Church, and they had got the deals in a position ready to carry them away when he came to them, and when the deals were taken out of the barge there wanted 22 of the number.

Thomas Bedlington . I am mate of the William and Jane belonging to Whitby ; in the morning after these deals were landed at Shadwell, I found there were deals and battens gone from on board the barge. I hearing there were deals landed at Shadwell, I went to see them, and I found them to be Mr. Riggs's property, part of the cargo which I brought from Christiana in Norway ; I know them by the mark at the ends, which was with red, and several stroaks downwards, and by their thickness, and being yellow wood; the Prisoners could not take them up had they been over-board at that time in the place they mention, the tide then running the wrong way; they could not be taken out of the barge without the help of hands.

Both Guilty .

[Transportation. See summary.]

129, 130. Dennes Brannam and William Purcel ,were indicted, for that they, on the King's highway, on Thomas Whiffin , did make an assault, putting him in corporal fear and danger of his life, one hat, val. 8 s. one peruke, val. 10 s. from his person did steal, take, and carry away , Dec. 13 .

Thomas Whiffin . I live in Shore-ditch; I had been over the water, and coming home, near the Unicorn publick house in Shore-ditch , the two Prisoners and an evidence that is here, followed me, they dodg'd me for 8 or 10 minutes; I was knock'd down, I thought my skull was crack'd in two, I did not see who struck me, it was done so suddenly; (there was a great hug scar on his head ) this was about 3 minutes before 11 o'clock at night, the 13th of December: I lost my hat and wigg; the watch being near and in pursuit of them, they could not take any thing else. While they were following me, they d - n'd one's eyes and another's limbs. Brannam told me they sold my hat for 4 s. and my wig they lost, and that he took them from my head himself; this was after he was committed, before George St . Lawrence was taken.

George St . Lawrence. On the 13th of Dec. the day after last Sessions, Brannam being just turned out of Newgate, I went the next day to see him in Webb-Square, there was Purcel with him; he asked me to make Purcel drink, I said I had no money; said he, pawn your ha for a shilling ; said Purcel, I'll pawn my shuttle, and at night I shall get more money; he sent me for it, I brought it, we went to the George and called for a pot of beer, he paid for it, and had three-pence half-penny left, so he would have a dram for each to put us in spirits: said Dennes Brannam, I'll go for a hammer and chissel, and I'll either have money, or I'll go where I come from again. The time he was gone from us, Purcel and I was going down Webb-Square, he made a blow at a Man with a stick and miss'd him, I hit him and knock'd him down, and took his hat, and gave it to Purcel; he went and pawned it for 1 s. 6 d. then we went to the Ship Alehouse in Webb Square, and had a pint of gin which cost 6 d. Brannam came in with two young fellows, so we drank one shilling and six-pence out there. Then we went out, (either to get money by house-breaking, or knocking people down and robbing them) we went along Shore-ditch, and opposite to the Black Dog, there was a sellar open, said Brannam, stay here, I'll go in and see if I can buy a shirt ; the boy belonging to the seller said, Brannam, what are you doing? Brannam came out, seeing the master, and walked up the street, and the man followed him, and I followed the man; the man laid hold of him, I struck the man on the side of the head, he let Brannam go and run away; Mr. Whiffin and another man were walking before us.

Q. to Whiffin. Was there a man along with you?

Whiffin. There was, my Lord; it was my uncle, who had been along with me; he walked about two yards before me, but he did not see me knock'd down.

St. Lawrence. Brannam took the hammer out of his bosom, he hit the Prosecutor with it on the side of the head, I struck at him at the same time with a stick, but Brannam's blow fetched him down; I did not hurt him much; then Brannam took his hat and wig; we did intend to take what money he had, but the watch, or some people, came making a noise, so we were obliged to run; Brannam delivered the hat and wig to me; I put the wig on my head, and gave the hat to Purcel, we crossed the way, and ran down the same side of the way the robbery was done. After we had been on the other side a little time, Brannam and I went through Magpye Alley to his brother-in-law's house in Phenix-street; presently up comes Purcel, said Brannam, what signifies staying here, let's go and get some more money. The hat we left there. We went out, and going thro' Wheeler-street, we met another man, and struck at him several times before we could get him down, at last we did; Brannam gave him the last blow with the hammer ; the people came out of the houses, and the place began to be in an uproat; we took his hat and wig and ran away; then we went to White Chapel, and struck at a man there; he staggered against a shop, and we took his hat and wig, and ran away. This was about eleven o'clock.

Dugley Macanley. Brannam told me the day after the robbery, he was the man that knocked down the prosecutor, and took his hat and wig, and also that he knocked down another man in Houndsditch the same night, and another in White-Chapel: He in Houndsditch was so hurt by the blow, that the blood comes out at his ears; I saw him last Sun-day. He told me of another in Wheeler-street.

John Butts . The prisoner Brannam came to me between ten and eleven o'clock that night, and this evidence with him. I live in Shoreditch near the Black Dog; he struck at one of my journeymen: The man asked him, what he would have? I pursued him, and took hold of him; the other witness struck me, as before. I ran away for the Watch, and return'd in about two minutes, as soon as I had alarmed them. When I came back Mr. Whiffin had just been knock'd down and robb'd of a hat and wig, and was all of a gore blood.

Joseph Whiffin , the prosecutor's uncle, deposed, he was walking before him at this time, that he turn'd back, and saw him rising without his hat and wig, in a very bloody condition; and that it was done about three stones cast from his own house, near the Unicorn Brew-house, Shoreditch.

Both Guilty .

Death .

131. William Hopton was indicted for that he, in company with James Parkinson , John Griffiths , Edmund Jones , Thomas Piercy , and John Davis , Gents. on the 10th of Dec. on Henry Bradley , against the peace of God, and our Sovereign Lord the King, did make an assault, and the said Henry did kill or murder, &c .

Mary Bradley . I am widow to the deceased Henry Bradley ; he died on the first of January of the blows and wounds he received of those gentlemen, on the 10th of December , on the king's road near Chelsea. My husband was a bricklayer , and kept a publick-house ; he was sitting by the fire side: about 8 o'clock that night these people came and knock'd violently at the door, my husband got up and opened it, and ask'd them what they would please to have; one of them said d - n you, you son of a b - h, I'll soon tell you what I want, and with a stick knock'd him down : My husband got up, and being a strong man, went to resent it; they knock'd him down again; I saw him knock'd down the 2d time. I saw four of them upon him altogether, beating him, some with sticks, some with their fists, and treading upon him: They had all sticks. I said, for God's sake, don't murder my husband ; then they knock'd me down in the mud with a great rail. I saw the prisoner strike my husband, as well as the other's. I went to a neighbour's house to call help, my husband then had scuffled out of the mud, and two of them were upon him: The prisoner was not one of them. Then by intreaties they became a little easy, and they came into my house and call'd for a pot of beer; and 'Squire Martin came with his pistols and some people, and surrounded them, saying, if they would not be civil he would shoot them. My husband went to Bow-street, Covent-garden ; he could not come home, being forc'd to be put to bed there, and was obliged to come home in a Coach. One of his eyes was almost torn out of his head, his head, face, neck, and breast was bruis'd and very black; he complained much of inward pain: There was a black spot on his breast, where I suppose one of them had trod upon him: He was attended by one Mr. Greenwood, an Apothecary. He began complaining from the same night, and never was well afterwards; before he was a very healthy man, I never knew him to all any thing, crve an hour's, illness, since he was my husband.

Q. Do you really believe he died of the wounds and bruises he received that night ?

Mary Bradley I really do believe it; his head was swell'd almost as big as three, and his eye tore in a terrible manner: about an hour before he died, he sent for a neighbour, one Philip Lumpley , that he might declare what he had to say; he came, and said, how do you do Mr. Bradley? My husband made answer, and said, never worse; but I hope I shall be better soon : Said he, do you think this is owing to the blows you got from those Gentlemen, for, said he, I believe you are a dying man, do you lay it to any one in particular? Said he, I lay it to one and all; and added, pray be so good as to see them brought to justice, that I may be righted. About an hour after which he turn'd himself and died.

Q. Did he spit any blood?

Mary Bradley . He began to spit blood on the wednesday following, and after that it became like a spungy matter, of all manner of colours: I shewed the pot to Mr. Greenwood, who said, he never saw a man spit such like before. His belly was swell'd, and he complained of pains and aches all over him. Upon his spitting of blood, I asked the apothecary where it came from? said he, where do you think? but from the bruises your husband has receiv'd.

Dorothy Gains . I lodged in the deceased's house, I was in my own room the 10th of December, and he was sitting smoaking his pipe below; those people came and knock'd at the window shutter, then at the door, as if they would break it: Mr. Bradley opened the door, and said, gentlemen, what do you want? I was come down stairs, and was then behind his back: There was a little fellow (a Baker) said d - n you, for a son of a b - h, I'll let you know, and he instantly knock'd Mr. Bradley down, and broke his stick on the side of his face; there were the other five men behind, about five yards from the door. Mr. Bradley recovered himself, and being a strong, hail, haroy man, went to strike the man again, and went to the middle of the road; they all come up and struck him, and knock'd him down again; they had all sticks, and he nothing in his hands: They all struck him I know every one of them: I took the Candle, and looked at them one by one, after they came into the house. The prisoner had a stick in his hand. The tall fellow, James Parkinson , said, if they were taken they were dead men; they were all surrounded, and carried to the Justice. They put about a pound of Candles in the fire, and were for fighting in the house. I saw Mr. Bradley every day after this. She described his branks the same, or worse than the former Witness, sash his head would hardly go into a peck measure, his spitting, corruption, &c. &c. She said the prisoner at the was the civilest of them all, and that Jemmy Parkinson, and the Baker, were the Death of the deceased.

Cross Examined.

Q. Did you tell the same before the Coroner you do now?

Gains. No, the Coroner would not hear me, I believe he was see'd; he made a laughing at me, and stopp'd me, and so did the gentlemen that sat by him.

Philip Lantley , deposed, he went three or four times to see the deceased in his Illness, and confirm'd what the Widow had sworn as to his dying words, and that he complained much about his breast, stomach, and head; and that he saw him when he was dead, and he was very black about his shoulders, head, breast, and neck; he also said, the prisoner behaved the best of the six persons.

Eliz. Ridley. I live in the neighbourhood; those six persons knock'd at my door that very night : we let them all go by, we stood a little while, and we heard murder cry'd; we went out, and went to the first Red Lyon, and there we heard there were a heap of young men beating Mr. Bradley, I saw the deceased the next day after he came back from the justice, his head was swelled, he was terribly bruised about the face, and said he was extream bad. I went to see him two or three days after, he said he could eat nothing at all: I saw him in his illness I believe ten times; sometimes I thought he would recover, and sometimes I thought he would not. I said a week before he died. he would not live, he seemed to heave, and could hardly fetch his breath, which he said was from an inward bruise; I did not observe his spitting.

Francis Gains . I am husband to the witness Dorothy; I came home that night, and I saw the deceased going; with 'Squire Martin towards home in a very bad condition, his eye almost torn out; he complained always after of inwards pains, and spit blood and corruption; afterwards, this I observed till within two or three days of his death. I saw him that very night he died, and heard him say, his death proceeded from those six men beating of him: He said several times to his wife, make yourself easy, and I hope in God those fellows will be made to suffer; and after he was dead, I saw conjealed blood round his neck and on his breast. I wanted to have been heard before the coroner, but a gentleman belonging to him would not let me in.

Hannah Francis . I lodge in Mr. Bradley's house, up one pair of stairs. I saw the deceas'd beat by those men; I was but a very little time by, I was so frightned, but cannot say I saw the Prisoner near enough him to strike him. I saw the deceased every day, and he never was well afterwards. He was very much beat about the head and body, and some very bad marks appeared about his neck after he was dead. Was the others at the bar, I could say something against them, but as to the prisoner I cannot.

For the prisoner.

John Robertson . I had some knowledge of the prisoner, being a townsman; hearing of his being taken into custody for this unhappy affair, I went to the coroner's inquest to see what proofs were made against him. I was present when the woman Gains was examined. I did not observe the least obstruction made by the coroner. There was one witness came when Mr. Wright the coroner was summing up the evidence, and that person was refused. On his cross-examination, he said, whether the coroner laugh'd or not, he could not tell, and that he thought, upon the whole evidence, that the matter was a trifling affair.

William Baker . I am the surgeon ; I was sent for between one and two o'clock on monday morning to the Brown Bear in Bow-street, Covent-garden, to the deceased. He told me he had a pain over his shoulders, breast, and head. It was very evident he had received sad blows on his head, which was a good deal swelled; his pulse was very quick; I bled him very largely; I thought he had been drinking. I saw him again the next day, between ten and eleven, he was prodigiously better, but still complain'd of pain, but I have seen people at a boxing-match beat a great deal more, and done well again; his eye was only a common black eye, it was very much swelled. I went before justice Fielding, and said I did not think his Life was in danger, and the affair was made up: (to another Q. he says, he thought him in but very little danger) adding, his head was swelled about as big as half my fist about the face. I saw the deceased when dead, the day the coroner attended his body. There was nothing particular appeared that could be the cause of his death, neither do I think his death was occasioned by what he received this 10th of December.

John Greenwood . I was sent for to attend the deceas'd after this action happened. I come to him on Sunday morning about 8 o'clock, 8 days after he had been beat; he complained of pains all over him; he was short breath'd and severish; he said he had been out and got a great cold, by being carried about and going to town, and I bled him.

Q to the Prosecutrix. Did you hear your husband complain of getting cold?

Prosecutrix. No. my Lord, I did not.

Q. to Greenwood. Did you see any blood in the pot, or corruption?

Greenwood. I always looked in the pot, there was a rough matter, but not the least appearance of blood; his head was tied up, and as to his eye, I did not see it needed any surgeon's business; there was a little fullness on one eye more than the other; I did not examine his head; I laid two blisters on his arms, and two on his back, and had he been bruised, as mentioned, I must have seen it when I stripp'd down his cloathes ; I saw no bruises. The day after he was dead I saw him, he was very black in those parts, and down one side; but this is common to persons who die a natural death, I have seen it in children and grown persons. I believe the catching of cold was the occasion of his death, and not his being beat; he complained of very short breath; I talked with the deceased in conversation; he said he had been beat a great deal worse than this, and got well sooner.

John Richards . I went to the deceased at Bow-street, and he was sitting leaning with his head upon a table, and seemed to be wet through; it was a very rainy night. The constable told me the surgeon had been there, and said there was no danger, and that he was willing to take six guineas of the gentlemen to make it up.

Ten Persons gave the Prisoner a good character, and George Norris , the foreman of the jury, before the Coroner, deposed, that the witness Gains met with no obstruction at all as he saw; and that the coroner took much pains to explain the nature of wilful murder, at that time.

Henry Gregory . On the 10th of January I was coming over Devonshire Square, about 12 at Night; the prisoner ask'd if I would go with her, I being pretty much in liquor, went with her into a private room, in Gravel-lane, Houndsditch . There was a person who brought us a quartern of liquor, and no body else in the room but the prisoner and I: I staid there about 10 minutes. I miss'd my watch when I was but about 10 yards from the house; however I went home. The next evening I went with a friend or two to the place, and we found the prisoner at a publick house. I charg'd a Constable with her, and sent her to the Compter; and went the next day before the Alderman at Guild-hall. She owned she had the Watch, and gave it to Solomon Lewis , a Jew; and said, if I would not prosecute her she would give it me again.

George Wardling , and Henry Keys confirmed this confession of the prisoner.

Elizabeth Whitelock . I am upwards of 14, my Lord. On the 8th of this month, the prisoner, and another person, came to Mr. Paterson's shop in the Cloysters ; he desired to look at some silk handkerchiefs ; we did not like his looks; we told him we had none under 5 s. 6 d. there were some others lay to publick view; he desired to look on them; Elizabeth Lucas that was with me, said, they would come to 4 s 6 d. the man with the prisoner said he would give 4 s. Upon which, they stood pausing some time; then the prisoner bid 4 s. 3 d. Elizabeth Lucas told him, she could not 'bate a farthing of it; he desired to see how many there were of them; Elizabeth Lucas counted seven; he did not seem very well pleased with her counting them, but desired to see them opened; he desired the other man to lay hold on the other end of the piece, and go to the other part of the shop; the other witness had hold of the other end, and the prisoner hold of the second or third handkerchief ; he counted seven of them, he put them all up in his hand and brought them to the counter; the other witness desired she might sold them up; the man that was with the prisoner said, there was no occasion to trouble herself, upon which he whipp'd them all up in his hand, and ran out of the shop with them. I being on the outside of the counter, ran first to the door, the other witness called out, stop thief ; I ran out, and called the same, to the corner of the window; the end of the handkerchief trailed on the ground, I running after stepped upon it, and with that he let them go; I gathered them all up together, and gave them to the other witness, and ran after him, calling out, stop thief, and Mr. Riley stopped him; he took hold of one arm and I the other, and brought him back to the shop door; he had ran about 20 yards. Master did not chuse to have a mob in the shop, so he desired he might be carried to an alehouse. The next witness will give an account what became of the other man.

Elizabeth Lucas confirmed this evidence in every particular, saying, she saw the former witness and Mr. Riley, are hold of one arm, and the other hold of the other, bringing him back, and that the other man ran away.

Mr. Riley deposed, concerning taking the prisoner, and bringing him back to Mr. Paterson's shop.

Guilty 10 d .

[Transportation. See summary.]

135. James Johnson , was indicted for assaulting George Merryman , on the King's highway, putting him in bodily fear, and danger of his life; one hat, val. 10 d. one peruke, val. 10 d. and 2 d. in monies number'd, from his person, the goods of the said George, did steal, take, and carry away , Jan. 11 .

Acquitted .

136. Daniel Steel was indicted for stealing 12 pounds weight of Lead , the goods of the parish of St. Christopher's Lestocks, Dec. 22 .

Acquitted .

137. John Whitaker , was indicted for stealing 10 half-inch wainscot boards, 5 inch wainscot boards, one 3 qrs. and half board, one foot of mahogany, one piece of fineer, 10 walnut-tree fineers, three tin cannisters, one tea chest, four sets of brass work for knife cases, 3 pair of brass hinges, 50 escutcheons, a bunch of keys, desk hinges, and other things, all valued at 15 l. 9 s. the goods of William Hopkins , Jan 13

The prosecutor is a Cabinet-maker , lives in Fenchurch street : The prisoner was his Journeyman , who had made it his practice, at times, to cut the wood, and convey it away; as likewise brass-work mentioned in the indictment, and had also drawn Robert Hill , the Apprentice, into the affair, by hiring him to help carry the things away, which was fully prov'd by the Apprentice and others. Likewise the Prisoner had confest taking away all, but the brass work, to the prosecutor.

Guilty .

[Transportation. See summary.]

138. Margaret, the wife of John Lanskill , was indicted for stealing 3 holland shirts, value 15 s. the goods of John Tricket ; one linnen handkerchief, value 10 d. the goods of William Edwards , Jan. 3 .

Acquitted .

139. Thomas Backwell was indicted for that he, together with John Fisher , and Tho Barrow , not yet taken, Dec. 14 , on the King's highway, on Eliz. the wife of John Anderson , did make an Assault. putting her in corporal fear and danger of her life, one cloath cloak, value 2 s. 6 d. one silk handkerchief, val. 4 d. the goods of the said John, against the will of the said Elizabeth, did steal, take, and carry away .

Eliz. Anderson. On Dec. 14, I was coming from Carnaby-market, into Silver-street , about 11 o'clock at night; the prisoner at the bar, and two other men, stopp'd me, and desired my Cloak; they d - d me several times, took hold of it, dragg'd it off, and went away with it: They came back again, and took my handkerchief. It was very moonlight. I heard of the prisoner the next day, and went to see him before the Justice, and found him to be one of the three; I charg'd him with the robbery, and he acknowledged it before the Justice.

Benj Burges , the Constable, confirm'd the prisoner's confession.

Guilty of Felony only .

[Transportation. See summary.]

140. John Kible was indicted, for that he, on the King's highway, on Hannah, the wife of Geo Warfoot , did make an assault, putting her in corporal fear and danger of her life, taking from her one linnen pocket, value 2 d. and 6 s. in monies numbered, the goods of the said George, against the will of the said Hannah , Dec. 14 .

The Prosecutor not appearing he was Acquitted .

141. Henry Woolfington was indicted, for that he in a certain field, or open place, near the King's highway, upon Thomas Miller did make an assault, putting him in corporal fear, and danger of his life, five Guineas in Gold, the monies of the said Thomas against his will, did steal, take, and carry away .

Dec. 19 .

Thomas Miller . On the 19th of Dec. I was coming home from Chelsea, between 7 and 8 in the Evening; at my entrance into the first Five Fields, as they call it, I had Mr. Hans Fowler along with me, he was in liquor and stayed a little behind: I called, Hans, come along; accordingly he did, but very slowly; I went by the Crown and Thistle , and passed the Fountain; then there are some posts to pass through to enter into another field, but just as I had got through them, and enter'd into the second field, I turned about and called out Hans again: He came slowly after. Then I heard the Footsteps of two or three people; the Ground being very wet, I could hear them step. I believe they came out of the Thistle and Crown, for there was a light as I came by: I said again, come along, Hans, I hear some people coming up. The common path-way was ancle-deep, so I was got upon higher ground, he being in liquor kept the path, and went through the dirt; as near as I can recollect it was about the middle of the field; I was about 20 or 30 yards before him, when I heard some blows struck, but no words. I heard Mr. Fowler say, pray don't murder a poor distressed Sailor ; I saw two or three men with large sticks, beating him as he lay on the ground: Two I can swear to. On my turning my head, the prisoner at the bar came up to me, his particular voice I well know, he said, d - n you, you raseal, you villain, your watch and your money, or I'll cut you to pieces. He had got a large stick in his hand, which I took to be a mop or broom-stick, swinging it over my head, attempting to strike at me: I put myself in a posture of defence, so that he never touch'd my head. I having a slight oak-stick in my hand, kept him off, and desired him to be easy; he found I wanted to make to the low ground, so got between me and that place, swearing, at the same time, he'd cut me to pieces if I did not surrender. When he found I could not escape he came to close quarters : He had got either a sword or a bayonnet, I know not which, but he prick'd me in the forehead ; I fell backwards, and he fell down ; as he fell I heard something chink : He held fast hold of my hand, and I of his waistcoat, by his trembling he seemed as much afraid of me as I was of him. I had five Guineas in one pocket, and some Silver in the other, I put my hand in with an intent to sling down two or three of the Guineas on the ground, knowing they would not easily find them again till the morrow; he catch'd my hand at the same time, and took the five Guineas from me: The others had got my friend all along, so I begg'd he would not hurt me, nor let my friend be murder'd; I told him I had no watch. Then he walk'd as contentedly as any man could do by my side, while I went back and took up my friend. I said my friend had no money; the others, I suppose, heard what I said, and knowing he had got five Guineas of me, made off. My friend was all over dirt, so I went immediately into the Robin-hood and Little-john, being robb'd within about 20 yards of that house. There was the man of the house, and three or four Invalids drinking ; I told them what had happened, saying, if they could make haste and get help, we might take them before they got over the fields. The man of the house seeing the wound on my forehead, said it was done with a bayonnet : His wife fetch'd down a gun; said he, I cannot go without my shoe-buckles, and then he had his bitch to call. We came out with his Candle to see for Mr. Fowler's stick; but they had taken that away with them. They went with me to the Constable's; at the entring of Chelsea, I went through the College, and met with Luke Lidier who knew my tongue; I told him I had been robb'd; I described the person in so particular a manner, to Mr. Harris, who was quite a stranger to me, who came to me on the Thursday morning after, that he said I had no occasion to say any more about it, for he knew the Man that had robb'd me, saying, he had been at his house that evening two or three hours, with two or three foot soldiers, who had put off bad money to him. I can swear to the prisoner's face, by the light of the window at the Robin-hood, and am satisfied he is the man.

Luke Lidier . On the 19th of December, I was going to London; near eight o'Clock I heard Mr. Miller's Tongue, and said, who's that, Mr. Miller? he had got his handkerchief about his face; I asked him, what was the matter? he told me, he had been robb'd, and advis'd me not to go that way; then came up Mr. Fowler, Sir, said he, do you see how I have been used? I told him, that he had been used very dirtily; he stood upon the Titter-Totter, being in liquor. I went with Mr. Harris to Harp-alley; on the Saturday 7-night, going by Somerset-house, there was a soldier stood century; said Mr. Harris, that is one of the Men who was in company at my house the night Mr. Miller was robb'd; when I got home, I went up to Mr. Babb, and desired him to go and acquaint Mr Miller, that I had saw a Man whom Mr. Harris said was in company with the man who robb'd him that night, at his house: Then Mr. Miller and Mr. Babb came and called upon me, and we all three went to Mr. Harris's. We four went to the Parade, and saw the guards reliev'd; I shewed Mr. Miller the man I saw upon guard; Mr. Miller said, he knew nothing of him. While we was talking, the prisoner was coming along, Mr. Miller said, as soon as he saw him, that is the man who robbed me; Mr. Harris said, that is the man you describ'd to me. Mr. Harris call'd the prisoner to him; Mr. Miller went up to him, and walk'd round him, and said afterwards, he was well satisfied he was the Man. Babb and I followed him to his Lodging, and brought him from thence to an ale-house to Mr. Harris and Mr. Miller.

Mr. Harris. I have known the prisoner almost three years; he did belong to Ligonier's Horse. On the 19th of December, he came to my house, with four soldiers, and a trumpeter's wife; they were there from between three and four, till seven. When the reckoning came to be paid, the prisoner, and one of the others, began to quarrel; I went between them, and desired them to desist; one of them, James Macdonald , had a short sword under his arm; he and the prisoner went out together, they stood at the door, and wanted to drink there; then Chelsea Clock struck seven, I heard it. Said Swinney to Macdonald, you had better stay and lie with me to-night, and I would give the prisoner a bed; but they would not stay, so both went away at seven, and I came in after I had took the reckoning, and found I had receiv'd two bad Shillings of the other man. When I had took up that man, and put him in the Savoy, I hearing Mr. Miller had been robb'd, I sent to him, he came and describ'd the prisoner, saying he was no soldier, but there was soldiers in company that knocked him down, and abused his friend; he described the man who robb'd him, thus - He was a lusty young fellow, was inclin'd to sat, with a full fat hand, black shock hair, or a wigg answerable to it; his hand warm withal, and a very coarse voice, and that he was robbed about half an hour after seven o'clock, and said, he believed they came out of the Thistle and Crown - The rest as the last witness, about going to the Park, &c.

Prisoner's Defence. I have got very good Evidence to prove where I was at that time that night.

Collonboon. I live at the Thistle and Crown in the Five Fields; the prisoner on the Tuesday before Christmass, came in a little after six o'clock. I am positive it was before seven, there was not a living soul came in with him; he was fuddled, and stagger'd against the bar; he remain'd in my house 'till half an hour past nine; there was none in my house but my own family, and I was in company with him all the time; he never went out all the time, but stood on the threshold to make water. I ordered my daughter, at seven o'clock, to put the children to-bed. My brother staid all night, and went away next morning.

Margaret Colloxhoon , his young daughter, deposed, this same night the prisoner came in a little after six o'clock, there was her uncle Henry there, who was going on board a ship, who came to take his leave of them; she said, there was her father, and a man that works at Farmer Batt 's, his name John Jordan ; that she put the children to bed as the clock struck seven. and left the prisoner in the house when she went up stairs.

John Jordan . I was at the Crown and Thistle on the Tuesday before Christmas. The prisoner came in about half an hour after six o'clock, or not so much ; there was the man of the house, and his brother; I staid there from before he came in, 'till after he went away, at half an hour past nine, and I went to-bed a little time after; he never was any farther out of the house, than to the threshold, to make water. I never was out of the house all that time. I lodge there.

Samuel Worterbridge . I lodg'd at the Thistle and Crown this very night. I am a soldier in the second regiment of guards. I came in a little before eight; I saw the prisoner at the bar, the gentleman of the house, and his brother-in-law, all drinking together. I sat with them 'till half an hour past nine; there was John Jordan in the house; the prisoner was never out at the door in the time.

Captain Waling , gave the prisoner the character of a good soldier; and added, he was discharged out of the regiment on his own request; and, after that, made master at arms on board one of his Majesty's vessels.

James Toose , a green-grocer, said, he never knew any ill of him, and had known him six months.

Anthony Courtley , said, he had known him from his infancy, and that he's a very honest man.

Lewis Longfield , has known him five years, said, he's an honest, upright man.

Thomas Lampier , said, he knew the prisoner six or seven years, and that he's a very honest man, lov'd and caress'd by all his officers, and esteem'd by all his brother soldiers.

This being the soldier who the prisoner came to in the park, was asked, what he said to Mr. Harris on the affair? he answer'd. Mr. Harris told been there had been such people robb'd ; and the man had describ'd the person so and so; said, by the description given, it seemed as if he was the man.

Mr. Harris. This Witness said, at that time, he believed they were both guilty; for they looked very blank, (meaning the prisoner, and another soldier) and this witness was one of the company that night drinking with the prisoner.

Luke Lidier , deposed, he heard Lampler say the same; that is, he believed the prisoner and Macdonald were guilty.

James Keene . I live at the Robin-hood. The prosecutor came into my house about seven o'clock that night: he had a little sprinkle of blood on his left eye. I asked him, what was the matter? He said, he had been robb'd of five Guineas. I was slipshoe'd, and ask'd him, if I should put up my shoes and pursue them? He told me, it was not much matter; saying, he believed they were gone. The man along with him was a little in liquor; who said, he had lost a cane or stick; he desired me to let him have a piece of candle, and go out to see if he could find it, where he had been robb'd. We went to the place ; then he desired me to see him as far as Chelsea, which I did, with my servant my Dog, and my Gun. We saw him as far as the Constable's, there he called for a pint of twopenny, and gave my man twopence; the place was about fifty or sixty yards from my house. It is impossible the prosecutor should see the prisoner's face there by the light of my window.

Prosecutor. The place where we went to look for the stick, was the place where Mr. Fowler was robb'd; and the place where I was robb'd, was about half-way between that place, and this man's house: I being before Mr. Fowler, at that time.

143. Philip Williams , was indicted, that he, on the 2d of Jan . about the hour of three in the night, of the same day, the dwelling house of Solomon Gibard , did break, and enter; 3 iron vices, val. 14 s. a piece of iron, call'd a goose, val. 15. one rasp, the goods of the said Solomon, did steal, take, and carry away , Jan 2d.

The prisoner had work'd with the prosecutor; he was stopp'd by a watchman, with the the things upon him.

The prosecutor took the prisoner, with the weight upon him, in the Custom-house Gate.

Guilty .

[Transportation. See summary.]

148. John Leminghau , was indicted for stealing one large book, entitled, A Collection of all the Statues now in Use, with Notes in the Margin, &c. by Thomas Manby , Esq; of Lincoln's-Inn, val. 4 s. the Goods of John King , Dec. 12 .

John King , deposed, the Book was his Property, but he was in a back room, and did not see the prisoner take it.

Thomas Robinson . The prisoner was looking at the books in Mr. King's window, for about half an hour; he looked about to see if any body saw him, then put it under his arm and walked away: I took hold of him by the posts, near little Moorgate ; he throw'd the book down, and I took him back to Mr. King's shop, and another person brought back the book.

For the Prisoner.

Lockyer John Davis . The prisoner is a Russian, he has been at my house very frequently with his Father, who was priest to the Russian Chapel, in the Strand. Last summer he was sent to Henley upon Thames, for his education: His appearance, education, and behaviour is that of a gentleman. I never heard any ill of him before. I think this must be done for real want.

Charles Drew . I have been acquainted with the prisoner upwards of two Years and a half, from his first coming into England; he behaved himself always like a gentleman, express'd great duty to his Father upon all occasions, and, in short, was the moral man as far as I am capable of judging. I am of the other gentleman's opinion, that it must be real necessity that drove him to it; his own Father is chaplain to her Imperial Majesty of Russia; his Father was recalled, and the young person unfortunately left in the Country.

Nicholas Cavanah . I knew his Father in Russia, who is a Man of great Character in the Russian Church: His Father left him here for his Education, and furnish'd him with apparel and money; but the young man was guilty of some extravagancies, and his Father left him without letting him know of his departure ; and I believe this thing was merely out of necessity.

He was tried at his request by a Jury of half Foreigners.

Guilty 10 d . privately whipped .

There was a messenger came from the Russian Embassador, to assure the Court, that if his crime would admit of corporal Punishment, the Ambassador would order him a safe passage to Russia.

Edward Hipkiss . I belong to the Birmingham Waggon , I came into the Yard where it was, at the Sarazen's Head, on Snow-hill ; I heard somebody in the Waggon; the prisoner jumped out of it, tumbled down, and I catched hold of him, and we had a struggle there; the Hostler came and assisted me, so we took him into the Tap-house. I had left the Waggon about 7 o'clock, with these Goods all in it, and this was between 8 and 9 o'clock. I was taking care of the prisoner when the Things were found.

Thomas Tyson . I am Hostler at the Sarazen's-head, I saw Edward Hipkiss and the prisoner struggling together ; I came to assist Hipkiss, I did not see the prisoner jump out of the waggon. I helped to carry him into the tap-house.

John Kerby . I am porter at this Inn, and belong to the Waggon: I saw the Waggon scewer'd up about 8 o'clock that night.

Joseph Plastow . On Monday evening last, bet ween 8 and 9 o'clock, I saw Edward Hipkiss bring the prisoner in by the Collar; I went into the yard, and Tyson and Thomas Longly with me; there I saw a box marked I. W. lying at the tail of the waggon, with two tea-kettles and stands in it; and upon a bulk that was four foot high, there were lying a new pair of boots, the tops of them lined with red, a pair of shag breeches, and the prisoner's hat along with them; the prisoner ask'd for his hat; I told him he should have it another time: I ask'd him how it came upon the bulk? he said it was lost in the struggle with Hipkiss, which is a thing impossible. The hat was given to the prisoner at Guild-hall.

Q. to Hipkiss. When did you see these goods last, before they were removed from the waggon?

Hipkiss. I loaded the waggon at Birmingham ; they were part of the loading: I saw them in the waggon at 7 o'clock that night.

Thomas Longly , deposed the same with Joseph Plastow .

Michael Bownel , who is principally concern'd in the bill of lading, depos'd, the things were mentioned in it.

153. James Hammond , was indicted for stealing six pair of mens gray worsted stockings, val. 16 s. the goods of John Eliot , in the shop of the said John .

Jan. 16 .

John Eliot . I am a hosier ; the prisoner came into my shop: between 3 and 4 o'clock in the afternoon, Jan. 16. and stole 6 pair of stockings : They are here in court; they were taken upon him, by Joseph Plaxton and John Davenport .

Mary Cox . I was coming along the Strand, Jan. 16, and saw the prisoner take the stockings out of the shop window ; he put them under his arm. I told what I saw him do, to one that is here for a witness, who took him.

Joseph Plaxton . Mary Cox told me, last Tuesday, that the prisoner had taken some stockings; I saw him, and I followed him to Bull's-alley: I saw him run into a house, a woman came to the door, and said, who is that, that is run up stairs? I ran up stairs, and, almost at the top of the stairs, there was he, and the stockings: I brought him down stairs, and Davenport went and brought the stockings down; so we carried him to Mr. Eliot's shop, who owned the stockings.

John Davenport confirmed what this last Witness said.

Prosecutor. This man was but that very morning clear'd from the Gate house; he behaved so very ill, that I never saw a man behave so in in my life. The Justice would not do any thing till he was handcuff'd ; he threatened to shoot the Justice thro' the head, to run a knife into his heart, &c. and called him all the odd names he could think on.

Francis Hall. Coming up Ludgate-street , Dec. 11, between 4 and 5 in the afternoon, a gentleman said, Sir, your pocket is pick'd: I felt and my handkerchief was gone. Said he, that fellow has it, pointing to the prisoner. I laid hold of him, and searched him; and while I was searching him, it fell behind him, and a Man behind him took it up and gave it to me. When I was carrying him to the Constable, he swore and said, d - n you, if you don't let me go, and if you do prosecute me, you shall have your brains beat out before four days are at an end; and also it I would forgive him, he would own it.

John Pickering . I was going down Ludgate-street, the 11th of December. I saw the prisoner pick the prosecutor's pocket. I laid hold of his Collar, saying, you dog you have got the gentleman's handkerchief; he said to me, I know you very well, you live in Fleet-street, and if you don't let me go, you shall be done for directly.

Guilty .

[Transportation. See summary.]

159. James Ventrus , was indicted for stealing a silk handkerchief, val. 3 s. the goods of William Cox , privately from his person , Dec. 20th .

William Cox . I was on Fish-street-hill , Dec. the 20th; and, was informed the prisoner had picked my pocket. I felt in my pocket, and miss'd my silk handkerchief. He went up Crooked-lane, and joined with several others, who appeared to me to be his conserts. I went after him; he looking back, saw me, and went into a shop. I went in, and took him, and had him before my Lord Mayor. I did not find my handkerchief.

Margaret Roberts . I was coming along Fish-street-hill, Dec. 20th; I saw the prisoner take a handkerchief out of the prosecutor's pocket. I directly informed the gentleman of it. He turned up Crooked-lane; there were several fellows with him, who made away from him; they seemed to be his companions. He made into a shop, and there was taken.

Guilty, 10 d .

This is the same Ventrus who was an accomplice with John Rogers , and was admitted an evidence against him. No 361 in the last Mayoralty.

162. Richard Dean , was indicted for stealing one linnen shirt, val. 2 s. the goods of Thomas Woodward , Dec. the 20th . The prisoner had confess'd the fact, and brought the prosecutor to the person who bought the shirt of him.

Constantine Gahagen . On Horn-fair-day last, I went into the country to buy goods. I live in the Borough. Coming over London-bridge , there were carts, and a great throng; there were the prisoner, and either four or five men along with him; they came hurrying along. The Prisoner tore my waistcoat, and push'd my horse out of his step. I thought he had been drunk; I swore at him, but he went along, and hurry'd, swinging his hands, &c. I did not think he had took my watch, 'till I came to the spurr inn in the borough. I met a friend, and went to drink a glass of wine there, going to pay for it, I missed my watch. I went home, and, as soon as I alighted from my horse, I went to the Maker, and had it advertised; and, from the 2d day of advertising it, I heard of it. I looked to see what o'clock it was, when I was at St. James's, and I saw the seal, with the anchor and the Key hung to it, as I was coming down Fish-street-hill.

Thomas Brown . On the 18th of Oct. about 10 o'clock, a woman brought a watch to pawn. She asked 30 s. her Name is Mary Johnson . She was committed along with the prisoner. I asked her whose it was? she told me, it was a gentleman's at the boot in Princes-street. I thought it might be taken as people came from the play, as the play was just done. I told the woman, I should stop it 'till she brought the owner. She went out, and brought the prisoner at the bar, who told me, it was his watch; then came in another man, and said, it is mine; so give me it, or he would hurt me; then, I said, I would not give it him without his first telling the name. Upon that, he said, he would not, but he would have the watch. It had a green string to it, and the place where a seal should hang, was fresh cut. Before I gave it back, I took the name and number of it upon a card; the maker's name, Sewil, No. 540, Senier. I gave the other man the watch again. So on the 20th of October, I saw a watch advertis'd, lost upon London-bridge, the 18th of October, the name as this. No. forgot. I thought proper to let the man know, that such a thing was offered to me, which I did. The prosecutor came over the water, and asked me, what sort of a man it was? I describ'd him; he said, by the description, it was the same man that did the robbery. Then we went to Justice Fielding's, and took out a warrant, and took up the woman; and we took out a warrant, by the descriptions of the two men; the woman was in custody 'till last sessions. I being attending here, and saw this person come to give evidence, I went home, and got the warrant, and had him secured.

Gregory Sewil . On the 18th of October last, I took a walk to Charlton ; at my return home in the evening, my wife informed me, the prosecutor had been at my house, and said, he must speak with me that night. I went to him; he said, he had lost his watch, and wanted me to advertise it; it was put in the Tuesday's paper. The next morning came the pawnbroker, and told me, such a watch was brought to him to pawn, by one Mary Johnson . The prosecutor and I went on Wednesday morning, about 9 o'clock, and found Mary Johnson at the Fox in Drury-lane. I had advertised it, Gregory Sewil , sen. Numb. forgot ; but, upon looking over my book, I found it Number 540. delivered to Constantine Gahagen , about the 11th or 12th of September last.

Prosecutor. I bought it new, of Gregory Sewil , for 5 l. I had had it about a Month before I lost it.

Prisoner's Defence. The woman that brought this watch to the pawnbroker's, was here a prisoner; and before the Alderman she declared, she knew nothing of me or the watch. The court discharg'd her last Sessions.

Guilty , Death .

164. 165. Jane Rider , was indicted for stealing three pounds weight of tallow candles ; and Triphania West , for receiving the same, knowing them to be stolen , Dec. 27 .

Rider, Guilty .

West, Acquitted .

[Transportation. See summary.]

166. Mary Wood , otherwise Smith , was indicted for that she, on the 7th of April, 1749 , did make, forge, and counterfeit, a certain paper writing, under the hand of Thomas Massey , with intent to defraud John Barefoot .

John Barefoot . I am book-keeper to Mr. Mass ey. This woman came to me the 7th of April last, at the White Horse, Fleet-ditch, in the name of my master, Thomas Massey , with a note drawn upon me, payable to herself. I paid her 9 l. here is her receipt at the bottom. At first I deny'd payment; she asked me, what I meant by that? for I thought it not to be my master's writing. She then produced another Letter, she said came from my master, with the other inclosed. I read it, and found it answer'd very well with the situation of my master's affairs in the country, he being then very ill; he had not been in town for three weeks. I knew it was not his writing: but I thought he being ill, might have got some other person to write it for him. She produced another, which she said, came from her brother. The letters answering one another, I made no doubt about it, but paid her. She wrote the receipt, and went her way.

The first LETTER.

Winscomb, April 2.

'' Mr. Barefoot,

'' You'll pay to this woman 9 l. and take a '' receipt in full, by me

'' THOMAS MASSEY .

Directed to Mr. Barefoot, at the White-horse, Fleet-ditch.

At the bottom is the receipt which the woman signed for the 9 l.

The second LETTER.

Directed to Mary Wood, Scotland-yard, at the Green Man and Still.

'' Mrs. Wood,

'' I have not been in London this three weeks ; '' I have not been very well, or I had call'd on '' you, or you should have your money paid you. '' Your brother has paid me, and he tells me you '' will be out of town soon, and want the money. '' You will take that Note, and go to Mr. Barefoot, '' at the White-horse, Fleet-ditch, and he '' will pay the money, from me

'' THOMAS MASSEY .

The third LETTER.

'' Dear Sister,

'' We hope you are all well, as we are all at '' present, thanks to God for it: I find Mr Massey '' has not paid you the money ; he has had '' it of me this month. He told me that you '' should have it of him the next time he '' came to town: He said, he would give you '' an order to go to his Book-keeper, to be paid '' very soon. Pray let me know if he does not, '' that I may have it returned by Mr. Bissey, of '' Tewksbury. I do not know what he means '' by it, to serve me in that manner, for he and I '' shall fall out; so I desire you will let me know, '' because you say you are going out of Town. '' From your loving brother,

JOHN WOOD .

Witness. The prisoner owned before Sir Joseph Hankey , that she wrote all these Letters herself, and received the money.

Edward Carpenter . I happened to be in the Compter, with Mr. Barefoot, and she confess'd the Fact there to us. Mr. Barefoot ask'd her what money she received at that time; she said, it was in English money; then, he said, what was it? She said, it was eight guineas and half in gold, and 1 s. 6 d. in silver. Then he ask'd her whether she wrote those letters? She said, yes. Then he said, had you no man liv'd with you at that time? She said, yes, she had; and that he drawed the draught up, and she made these letters after him : and said, she had not seen him this 6 months.

James Smith , deposed, he heard the prisoner own the taking the money, and that she wrote the writing, &c.

Guilty , Death .

167. John Waller was indicted for stealing a silver watch, value 39 s. the goods of John Gordon , from the person of the said John , Oct. 29 .

James Welch . I was in Cheapside on Lord Mayor's Day, seeing the show; I happened to see the prisoner: I had not seen him some time: before I spoke to him, he gave me the wink, not to take any notice. I saw him take a watch out of a man's pocket ; the man had a blew apron on. Then the prisoner went down Friday-street, and call'd me after him. Said he, now I'll go and make away with this, as soon as I can, left it should be found upon me; but in the Crowd I lost him. About two hours after this I happened to be drinking at More-gate, with a Coachman: The prisoner came by and gave me the hint: he was along with one Isaac Sheffield : I did not go with him: About 11 o'clock I was going home, just by Cripple-gate he came behind me, and took hold of my shoulder, saying, you shall go home with me to-night ; which I did, and lay with him. In the morning, before he got up, he told me he had sold the watch for three pounds: We spent about 11 s. of the money that day. I cannot swear to the gentleman he took it from.

John Gordon . I do not know any thing of the prisoner: I lost my watch about the middle of Cheap-side, on Lord Mayor's Day last, between 3 and 4 o'clock.

Q. to Welch. What time did you see the prisoner take the watch you talk of?

Welch. About three o'clock.

Q. to Gordon. What cloaths had you then on?

Gordon. The same I have now, with a blew apron on.

Prisoner's Defence.

I have not seen that young fellow this 4 or 5 years, till between 12 and 1 in the morning, the day after Lord Mayor's Day; then I met him at the end of Aldergate-street, near Long-lane. He said he had got no money; I said, why don't you go home to your mother? Said he, d - n the bitch, I will not. Said I, where have you been to day? He said, to help a man to drive a coach, who gave him 3 d. and I lent him 3 d.

Guilty , Death .

168. Lucy Drake , was indicted for that she, on the 17th of January , was big with a male child, which was born alive, which, by the laws of this kingdom, was a bastard; and then, she said Lucy, not having the fear of God before her eyes, with force and arms, did make an assault, with her right hand, a certain linnen cloth, no value, did put and thrust into the mouth of the said child, by which means the said child was choak'd, &c .

The proof brought against the prisoner was this, that she owned to Charlotte Blinkborne she was with child, and also looked big: And also, she said, she had lost it about two months ago, and looked as usual. And Mary Teague deposed, she was sent for out of St. Bride's Church, to go to search the Child that was found in a Rog house, belonging to Job Harrison, wrapped up in a coarse linnen bag, with a piece of Cloath put into its mouth, on the 8th of Jan. That it was a fine Child, had gone its full time, and by all appearance it could not have been born above a week before.

Acquitted .

169, 170. John Waller a second time, Judith Bulger , and Elizabeth Bennet were indicted for stealing two silk handkerchiefs, val 6 s. the goods of John Carter , Nov. 3 .

All three Guilty .

[Transportation. See summary.]

171. Esther Newbery , was indicted for stealing four printed handkerchiefs , the goods of William Portal , Jan. 6

William Jewel Last monday about half an hour before one in the morning, I went along with Howard into Stony-lane ; she carried me up into a room, where the prisoner Bennet was: I was there about 3 or 4 minutes. I pull'd my watch out of my pocket, and told them I could not stay. Bennet snatched it out of my hand, but they were both in the room. I went to take it from her; they took me directly, flung me down, and took my silver buckles out of my shoes. I took hold of Howard's hand, while they were taking my buckles, and she had one of them, which tore my thumb with the tongue of it, as she wrenched her hand out of mine.

Q. Did they fling you down on the floor?

Jewel It was upon a sort of a bed. One of them got out of the room, I clap'd my back against the door, and kept Howard in: I believe I kept her there two hours. Then there came up a man, with a candle in one hand, and a stick in the other; I let him come into the room: He goes to the upper end of the room, and said, What does this fellow do in my room? He set down the candle, takes the stick by the middle, and came towards me; I went down stairs, and into the street, and kept an eye on the door for two or three hours longer. I told 20 people of what had been done, but no body would assist me. Ann Howard came out, and a sort of a sailor with her: It was the man that came into the room to me. They went arm in arm together, half way up Petticoat lane; I followed them, and met with two men: I desired they would assist me, saying, I had been robbed by that woman. Says one of them, I'll assist you. I jumped across the way directly: The sailor ran away; I took her to Aldgate watch house. The man that assisted me I have not seen since. I took the prisoner on Tuesday last. A man came to me to the sign of the Bee-hive, and said, if I would go along with him, he would help me to the woman who took my watch.

Q. Who was that man?

Jewel He desired I would not bring him here, for fear he should have his brains knock'd out, as he lives in that neighbourhood. He brought me to the house where she was in Stony-lane, within a door or two of the house where I was robb'd. When she saw me, she throw'd herself on her knees to me, and said, she would go along with me, and shew me where my buckles and watch were sold. She went first of all to Mr. Clay, a silver-smith, opposite Houndsditch. The servant show'd me the buckles directly; saying, he bought them for 10 s. and he could not deliver them, without his master was at home; and his master said, when he came home, he would have 10 s. which he gave for them. The woman kept on the other side of the way. Then after that, she went with me to Mr. Green, a Whitechapel Court-Officer, where they had sold the watch; he lives in Half-moon-court, Whitechapel. A woman told me, he was not at home; but would be in about eleven o'clock. Then I charged an officer with the prisoner. Bennet and she were committed. I went again to Mr. Green, and asked him about my watch. Said he, I have not the watch; but I can help you to it; it is my business, said he, to help people to their things when lost.

John Dawson . The prosecutor came to me to be a witness where the buckles were carried to. Bennet said, she would go along with us; she and I stood just by Aldgate, while the prosecutor went to the silver-smith's shop, where she directed him to, faceing Hounsditch. She said, they were sold in that shop.

Howard's Defence.

I had lodg'd with Sarah Bennet two Days. I was coming home to her, and met the prosecutor in Bishopsgate-street; he stopp'd me, and asked me where I was going? I said, what makes you ask me? because, said he, I'll go along with you; which he did, up into the room. He know'd Bennet, and she him; said he. I have got no money, but take my buckles out of my breeches knees. He pulled them out himself, and she pawn'd them for gin and bitters; she went down stairs; as soon as he missed her, he seized me, saying, she had robb'd him. Of what? said I; said he, of my buckles; said I, you gave her them yourself for liquor. I know that, said he, but she has robb'd me of my watch and shoe-buckles said he, I'll keep you. So I let him search me; he found nothing upon me. After I had been in Newgate, he sent word he had found her, and she had been with him to the places where she sold the buckles and watch.

Bennet's Defence.

Elizabeth Howard brought the Prosecutor home with her; I knew him; he gave me the buckles to pawn, and after that, he laid down on the bed with me. Said he, do you take care of my watch; and when I went down and came up again, he had got another woman in the room, and I had laid the watch down on the table, and another woman took it away.

Richard Wilding . On Monday night, the first of January, I was coming over London-bridge with a hamper on my shoulder, full of men's wearing apparel: At the corner of St. Magnus Church, there were the prisoner, two men, and a woman; he walked in the middle of them. I push'd by them; but had not got above 10 yards over Thames street , coming up the hill, before I heard my keys in my pocket chink, and putting my hand down, felt the prisoner's hand in my pocket. I had in that pocket with the keys, one stocking and a handkerchief. I held him fas the hand ; there was a light, over the way, at a fish monger's; I set my hamper down, and he desir'd to be searched. A gentleman coming by, bade me carry him to a constable; I said, I was afraid of losing my hamper ; said he, I'll be security for that. I charged a Constable with him, and he was sent to the Compter ; and the next day he was examined before Sir Joseph Hankey . None of the things have been found again.

Guilty .

[Transportation. See summary.]

176. Rebecca Lovegrove , was indicted for that she, together with another person unknown, stole one silver watch, the goods of Amos Stokes , privately from his person , Jan. 12 .

Amos Stokes . I was coming along Cheapside , on Friday was 7-night, about one o'clock in the morning; the prisoner at the bar, and another woman, met me: They us'd me in a very odd manner, and wanted drams of me; I told them it was a wrong time of the night to get a dram: However, they immediately call'd a woman from over the way, that sold drams; and, I believe, I might give them a dram, in order to get rid of them. I went from them, and I saw them following me: they came up with me, and began pulling me about, saying, I should go along with this and the other. I clapp'd my hand to my pocket, and miss'd my watch; I thought I felt the prisoner's hand in my pocket, I laid hold on her, and the other ran away.

Q. Was you not in liquor ?

Stokes. I cannot say that I was quite drunk: I had been drinking. The whole affair was transacted in four minutes, I believe.

Q. Did not you give another woman a dram at that place, that night, besides these two?

Stokes. I might for ought I know; I cannot tell. I charged the Constable with her, she pleaded ignorance, as such people generally do. I never found my watch again.

Acquitted .

177. Thomas Upton , was indicted for wilful and corrupt perjury .

The Prosecutor not appearing, he was acquitted .

The trials being ended, the Court proceeded to give judgment as follows:

Received Judgment of Death 7.

Dennis Brannam , William Purcel, Henry Woolsington , James Hammond , Lawrence Savage , Mary Wood , John Waller . Mary Wood pleaded her belly, and a Jury of matrons were impanelled, and brought her in quick with child,

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